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I-601a Form: What You Should Know

S. Indefinitely under an immigrant visa “visa waiver program.” It's called a “P-2,” because it's for “P2 Visa Overstays”. The form applies only to those individuals seeking to remain in the U.S. for a limited period of time as  a P2 visa . For that reason, a P2 visa overstay is not considered a visa waiver. P-2 visa overstays are rarely issued, so these individuals are not supposed to know about the process. The application form is specifically issued for this purpose, to be completed within 180 days of being admitted, and it may only be used for that purpose. It must be completed in a written language or on a computer screen. Once a P-2 visa overstay has been authorized by an immigration officer, the applicant then applies to the USCIS for the temporary waiver of inadmissibility, Form I-601. This temporary waiver allows visa overstays (those granted a permanent or temporary green card under  the EB-5 program), but it does  require the applicant to be physically present, on a  current nonimmigrant visa, to be interviewed, and to have an approved, original I-151. It takes roughly 5-6 months for an applicant to be granted a waiver  in this manner; the applicant has a period of 180 days to remain as an “P-2”. So, it works like this: Form I-601A is used by those who seek a P-2 visa overstay that's authorized by an immigration officer. The officer reviews the information included on the I-601A to determine if the applicant is eligible for the waiver. (It's possible that an applicant will be approved if  certain information isn't included, for instance, if the original I-134 was  stamped by an unauthorized person on the wrong form. And we don't know where else the officer reviewed the information on the I-601A.) Those approved for a waiver receive a temporary visa, which the applicant can use to legally remain in the United States as the individual in a P-2 visa overstay who's received a visa overstay authorization.

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